We the undersigned organizations are gravelly alarmed by the ongoing, targeted criminalization of human rights defenders in Guatemala including the recent judicial harassment of defenders Mrs. Claudia Virginia Samayoa Pineda and Mr. José Manuel Martínez Cabrera. The targeted judicial harassment of Ms. Samayoa Pineda and Mr. Martinez Cabrera is illustrative of the authorities’ growing intolerance of independent dissent, including defenders working on land and environmental defense.

Mrs. Samayoa Pineda is President of the Board of Directors of UDEFEGUA, an organization which works to support human rights defenders in Central America, and member of the OMCT Executive Committee; while Mr. José Manuel Martínez Cabrera is a member of the Justicia Ya Collective, a citizen movement which opposes corruption and impunity. Both human rights defenders are being subjected to a criminal complaint by Mr. Nester Mauricio Vásquez Pimentel, in his capacity as President of the Supreme Court of Justice (CSJ) and representing the CSJ, on spurious charges of illegally obtaining a court document and influence peddling. It is broadly acknowledged that civil society groups, including UDEFEGUA and the Justicia Ya collective, have been instrumental in the fight against impunity and public corruption in the country.

The criminal case against both defenders is a direct response to a complaint the defenders filed on January 17, 2019 requesting the withdrawal of the privilege of immunity from 11 judges of the CSJ. The complaint contends that the 11 judges breached the Constitution of Guatemala and committed judicial prevarication by allowing criminal proceedings against three judges from the Constitutional Court (CC). Along with the complaint presented to CSJ on January 17, 2019, Ms. Samayoa Pineda and Mr. Martínez Cabrera annexed a copy of the CSJ decision which allows the criminal proceedings against the CC judges to continue. Despite the fact that this document had been widely circulated in the national press and on social media, the President of the CSJ is accusing these two human rights defenders of illegally obtaining it.

The criminalization of both defenders is yet another example of the targeted reprisals leveled against civil society organisations and human rights defenders that have mobilized against a series of attacks on Guatemala’s democratic institutional framework. Among other worrying attempts to undermine democratic norms and the rule of law in Guatemala, the authorities have sought to delegitimize the judges of the Constitutional Court and unilaterally cancel an agreement with the UN ending the International Commission Against Impunity in Guatemala (CICIG).

In the framework of our commitment to justice and human rights, we make a public call to the Guatemalan Government to:

1) End all acts of harassment, misuse of criminal law and criminalization against individuals and communities that defend human rights in Guatemala, including Ms. Claudia Virginia Samayoa Pineda and Mr. José Manuel Martínez Cabrera. In particular, we ask the Public Ministry to dismiss the criminal complaint against both human rights defenders.

2) Adopt the most appropriate measures to guarantee the safety and physical and psychological integrity of Ms. Claudia Virginia Samayoa Pineda and Mr. José Manuel Martínez Cabrera and of all human rights defenders in Guatemala.

3) Protect, respect and guarantee the realization of human rights and fundamental freedoms in all regions of Guatemala, as well as the validity of a democratic State.